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Revocable Permit – Use of University Facilities for Covered Activities Under the State University of New York Child Protection Policy

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Revocable Permit – Use of University Facilities for Covered Activities Under the State University of New York Child Protection Policy Revocable Permit – Use of University Facilities for Covered Activities under the State University of New York Child Protection Policy THIS AGREEMENT, made this _____ day of __________________ 20__, by and between the STATE UNIVERSITY OF NEW YORK, an educational corporation organized and existing under the laws of the State of New York, and having its principal place of business located at SUNY Plaza, Albany, New York, 12246, by and on behalf of the State University of New York at [Stony Brook], having its principal place of business at 100 Nicolls Road, Stony Brook, NY 11794 (hereinafter referred to as “SUNY Stony Brook” and [Permittee name] a [commercial / non-commercial] organization having its principal place of business located at [address], hereinafter referred to as “the Permittee,” and collectively as “the Parties.” W I T N E S S E T H: WHEREAS, the Permittee will be conducting an on-campus activity which requires certain facilities; for a Covered Activity, defined herein as an activity conducted by the Permittee occurring on SUNY Stony Brook, for the duration of which the responsibility for custody, control and supervision of children is vested in Permittee; and WHEREAS, SUNY at Stony Brook has such facilities; and WHEREAS, the parties desire to enter into an agreement whereby SUNY Stony Brook will make such facilities available to the Permittee for the Covered Activity. NOW, THEREFORE, be it known that a revocable permit is hereby granted to the Permittee, subject to the terms and conditions as hereinafter provided, to use the facilities and services designated in Exhibit B, attached hereto and made a part hereof, on the date(s) and at the times specified thereon. 1. SUNY Stony Brook shall supply all ordinary and necessary water, gas, electricity, light, heat and sewerage facilities for the premises. Unless specifically indicated otherwise in Exhibit B, no telephone service shall be provided by SUNY Stony Brook to Permittee hereunder. 2. The Permittee shall take good care of the premises, fixtures and appurtenances to preserve the premises in good order and condition. Upon removal from said premises, the Permittee shall, at its sole cost and expense, restore the premises as nearly as possible to the condition in which these premises were in when the use by the Permittee began, other than ordinary wear and tear to the premises. 3. Upon the prior written approval by SUNY Stony Brook, the Permittee may use other areas of the SUNY Stony Brook upon the same terms and conditions as provided herein. 4. The Permittee agrees to provide SUNY Stony Brook with a copy of its Incorporation Papers or Receipt of Filing as a nonprofit agency or a commercial entity filed with the Secretary of State, or Papers Filed with the appropriate County Clerk for Conducting Business in its Name. 5. In consideration of the facilities and services to be provided by SUNY Stony Brook as enumerated herein, the Permittee agrees to reimburse SUNY Stony Brook in accordance with the costs or services stipulated on Exhibit C, attached hereto and made a part hereof, and any other extraordinary costs incurred by SUNY Stony Brook to meet the requirements of the Permittee. Payment shall be made by the Permittee payable upon receipt of an official billing statement from SUNY Stony Brook. The form and manner of presentation of the statement shall be mutually agreed upon by the Parties. 6. The Permittee shall be responsible for any and all damages or loss by theft or otherwise of property whether such property shall belong to SUNY Stony Brook or to others, and for injury to persons (including death) which may in any way result from the operation or conducting of the Covered Activity, or may be caused by any of the persons involved in the Covered Activity, whether or not directly caused by the Permittee. 7. The Permittee shall be responsible for and shall maintain good discipline and proper behavior on the part of all persons in any way involved with the Covered Activity and agrees to remove any personnel involved in the Covered Activity whose actions, or failure to act, shall in the sole judgment of SUNY Stony Brook, after consulting with the Permittee, be deemed to be detrimental to SUNY Stony Brook. 8. If in the judgment of SUNY Stony Brook the activities of any personnel in any way involved in the Covered Activity should be such that SUNY Stony Brook, after consultation with the Permittee, shall determine that the continuation of the Covered Activity for the then remaining period covered by this Agreement shall be contrary to the best interest of SUNY Stony Brook, SUNY Stony Brook may terminate this Agreement without liability of any kind whatsoever therefore, and the Permittee and all personnel so involved shall be thereupon removed from SUNY Stony Brook premises. 9. This Agreement shall be interpreted according to the laws of the State of New York. The Permittee shall comply with established State University of New York and SUNY Stony Brook regulations and policies and with all laws, rules, orders, regulations, and requirements of Federal, State and municipal governments applicable thereto including the provisions contained in the rider attached hereto and made a part hereof as Appendix A. If necessary, Permittee shall obtain and keep in force at its sole cost and expense, any permits or licenses which may be required by any local, State or Federal Governmental body. 10. The Permittee agrees that the issuance of this permit shall in no way diminish the statutory authority of the State University of New York or SUNY Stony Brook to possession, pursuant to the Education Law, of the State controlled property to which this permit relates; nor shall the dominion and control by the State University of New York over the said State property be in any way diminished. 11. The Permittee specifically agrees that this permit does not create the relationship of landlord and tenant between SUNY Stony Brook and the Permittee regarding the use of the State controlled property to which this permit relates. The relationship of the Permittee to State University of New York and the State of New York arising out of this agreement shall be that of independent contractor. 12. The Permittee specifically agrees that this permit shall be void and of no further force and effect upon any use of the State controlled property to which this permit relates which is inconsistent with State Law or which in any way conflicts with the purposes or objectives of SUNY Stony Brook. 13. The Permittee shall have the right, so long as this permit shall remain in force, to enter upon said State lands for the purpose of maintaining, operating and using facilities designated in Exhibit B. 14. The Permittee specifically agrees not to hold itself out as representing the State of New York or State University of New York in connection with the use of the State-owned property to which this permit relates, nor shall the name of the State of New York, the State University of New York, or the State University of New York at Stony Brook be used by Permittee for any purpose without prior approval of the SUNY Stony Brook. 15. The Permittee assumes all risk incidental to the use of said facilities and shall be solely responsible for any and all accidents and injuries to persons and property (including death) arising out of or in connection with the Covered Activity, use of facilities, its appurtenances and the surrounding grounds and hereby covenants and agrees to indemnify and hold harmless the State of New York and the State University of New York from any and all claims, suits, actions, damages and costs of every nature and description arising out of or relating to the use of the facilities, its appurtenances and the surrounding grounds or the violation by said Permittee, its agents, employees or contractors of any law, code, order, ordinance, rule or regulation in connection therewith. The Permittee further agrees, on being requested to do so, to assume the defense and to defend, at its own cost and expense, any action brought at any time against the State of New York and/or the State University of New York in connection with the claims, suits and losses, as aforesaid. Subject to the availability of lawful appropriations and consistent with Section 8 of the State Court of Claims Act, SUNY Stony Brook shall hold Permittee harmless from and indemnify it for any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State University of New York or of its officers or employees when acting within the course and scope of their employment. 16. The Permittee agrees to provide SUNY Stony Brook with the insurance coverage listed below, naming the State University of New York, as an additional insured covering property damage, personal injury or death arising out of the use of SUNY Stony Brook facilities. The Permittee further agrees to provide the SUNY Stony Brook designee cited in paragraph 20 of this Permit evidence of such coverage within five (5) business days of execution of this permit or at minimum two weeks (14 days) prior to the Covered Activity. Permittee agrees to provide notice to SUNY Stony Brook of any cancellation of such policies, renewal policies, or new policies. i. General Liability insurance one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate; ii. Sexual Abuse and Molestation insurance, either under the above-described general liability policy or in a separate policy, with coverage not less than one million dollars ($1,000,000).
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